Bam Margera is asking the judge to dismiss his wife’s petition for divorce after he claims he can’t see his son

Bam Margera is trying to get the judge overseeing the divorce from his estranged wife, Nikki Boyd, to put the whole matter behind him.

The 43-year-old former Jackass star, who claimed late last month that he had given up drinking for good, filed for the divorce to be annulled while also trying to move forward for the next hearing, according to documents seen by him TMZ.

The reality star claims his ex won’t let him see their baby son, Phoenix, although she claimed in her own filing that his lack of visits was due to his own bad behavior.

DailyMail.com has reached out to a Margera representative for comment.

It looks like the next hearing in his divorce case is scheduled for July 11, but the skater doesn’t want to wait that long.

Throw it away: Bam Margera, 43, is trying to get the judge overseeing his divorce from his estranged wife Nikki Boyd to put the whole affair behind, TMZ documents say

Speed ​​it up: The Jackass star also wants a judge to bring an already scheduled hearing forward to July 11, as he claims Boyd won’t let him see his son Phoenix so he doesn’t want to wait that long

Margera and his proxies say they want the hearing to be brought forward because he allegedly couldn’t see Phoenix and therefore doesn’t want to spend a month and a half without time with the boy.

Part of his rationale for moving to have the divorce petition dismissed is his allegation that he was never legally married to Boyd.

He said in documents obtained by People Earlier in May, she had stated that she had never taken or used his legal name and that they had “never been legally or otherwise married.”

The couple had a wedding ceremony in Reykjavik, Iceland in 2013 and Margera subsequently posted a video of the wedding on YouTube.

It is unclear if the couple had legal documentation of marriage from Iceland or if they had ever received a marriage license in the US.

However, women are not obliged to use their spouse’s name in a marriage.

Boyd’s attorney later recounted it page six that for years after the ceremony she assumed they had been legally married.

“She was told that the wedding would be in Iceland and that everything was settled. “She had a wedding ceremony, then came back to the US and lived as a married couple with Bam for years,” said her attorney, David Glass.

Confusion: Margera’s rationale for filing for an annulment is his claim that they were never legally married. The two had a ceremony in Iceland in 2013 and Boyd said she thinks it’s official; seen in Philadelphia in 2012

Is it all an illusion? Boyd’s attorney said she believes Margera handled the paperwork in Iceland and that they lived as a married couple for years

He claimed she believes the necessary paperwork was already done before the couple returned to the US.

But now Margera seems to be using the confusion surrounding the status of her marriage to end her divorce filing.

He could still get in trouble, as Boyd’s attorney claimed they could still be considered “presumptive spouses” under California law even if they weren’t legally married.

The term refers to a technically invalid union where the parties believed they were married and entered into the agreement in good faith.

In her response to Margera’s request, Boyd urged the judge to stick to the previously established schedule for the next hearing.

She claimed her ex could still visit Phoenix as long as he was in California at the time and sober.

It appeared to be a thinly veiled shot at the prankster given that he has been out of state and on the East Coast for the past few months, which under current rules would make a visit seemingly impossible.

‘Mister. “Margera continues to claim to be the ‘hurt’ party because he doesn’t see Phoenix — despite being 3,000 miles away after subjecting the child to abuse and drug/alcohol abuse,” Boyd’s attorney told TMZ.

Although Margera claimed in late April that he had stopped drinking, his brother accused him of using methamphetamine.

Fight back: In her response, Boyd claimed her ex could still see his son but he had to be in California and sober. It was apparently a dig at Margera, who has been on and off the East Coast in recent months and has been struggling publicly with drug and alcohol abuse

Jess Margera claimed that ‘since his meth addiction’ [Bam is] unrecognizable” in a tweet, adding that he “don’t know what”. [Bam is] capable of it.’

He also expressed his concern for Margera’s current girlfriend’s eight-year-old child.

beginning of the month Margera introduced himself after criminal charges were filed against him. He is accused of attacks on his brother and terrorist threats against other family members.

The skater was released on $50,000 bail after pleading not guilty.